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English v. Board of Selectmen

Citations: 8 Mass. App. Ct. 736; 397 N.E.2d 1112; 1979 Mass. App. LEXIS 1006

Court: Massachusetts Appeals Court; November 27, 1979; Massachusetts; State Appellate Court

Narrative Opinion Summary

In this case, the plaintiff, a firefighter injured in the line of duty, sought entitlement to paid leave under General Law Chapter 41, Section 111F, due to incapacitation resulting from an ambulance accident. The plaintiff's injuries were initially diagnosed as 'facet irritation lumbar spine,' and he intermittently missed work until January 1977. An affidavit from a physician supported his claim of incapacity and entitlement to sick leave pay. In April 1977, a physician designated by the board, Dr. McGillicuddy, examined the plaintiff and suggested a psychiatric evaluation, noting no orthopedic issues. The board argued that this report ended the plaintiff's rights under the statute, but the court disagreed, emphasizing the absence of a determination that the plaintiff's incapacity had ceased. The court held that benefits under G. L. c. 41, § 111F, apply until a qualified physician confirms the end of incapacity, whether physical or psychological. The trial judge affirmed the plaintiff's continued entitlement to benefits based on findings from a master's report and additional evidence, thus supporting the plaintiff's right to paid leave until a conclusive medical determination is made.

Legal Issues Addressed

Entitlement to Paid Leave under General Law Chapter 41, Section 111F

Application: The court determined that the plaintiff, a firefighter injured in the line of duty, remains entitled to paid leave until a qualified physician confirms the end of his incapacity, regardless of whether the incapacity is physical or psychiatric.

Reasoning: The statute grants paid leave for any incapacity resulting from duty-related injuries, and the plaintiff remains entitled to benefits until a qualified physician confirms that his incapacity has ended, regardless of whether it is of physical or psychiatric origin.

Interpretation of Medical Evidence in Determining Incapacity

Application: The court rejected the board's argument based on Dr. McGillicuddy's report, emphasizing that the physician did not conclude the plaintiff was no longer incapacitated, thus not terminating the plaintiff's rights under the statute.

Reasoning: The court rejected this argument, emphasizing that McGillicuddy did not determine that the plaintiff was no longer incapacitated.

Recognition of Psychological Components in Service-Related Injuries

Application: The court recognized that statutory benefits should cover incapacities with psychological components linked to physical injuries, highlighting the causal relationship between physical and mental trauma.

Reasoning: Statutory benefits should cover service-related incapacities that arise after the original injury, including those with psychological components linked to physical incapacity.